Bhima Koregaon: “We will order SIT probe if we are convinced materials are cooked up”, Supreme Court

The Supreme Court was privy to another gripping hearing in the petition filed by five activists seeking an independent probe into the police crackdown on lawyers, activists, and writers in connection with the Bhima Koregaon violence..Arguing before the Bench of Chief Justice Dipak Misra and Justices AM Khanwilkar and DY Chandrachud, Senior Advocate AM Singhvi and Additional Solicitor General Tushar Mehta and Maninder Singh made vociferous submissions for the petitioners and State respectively..The Court eventually adjourned the matter for Wednesday this week..When the matter came up for hearing today, ASG Mehta told the Court that this was not a case of dissenting opinion..“According to their (petitioners’) perception, those arrested are social activists. But we have evidence that these persons have committed serious offences.”.Mehta also said that the parties should withdraw cases in the High Courts if they are pursuing the current case in Supreme Court..“Let them withdraw the respective proceedings (in High Courts)”, said Mehta..Senior Advocate AM Singhvi responded by stating that the cases in High Courts have not been heard after the Supreme Court came to be seized of the matter and directed house arrest of the accused..“After Your Lordships ordered house arrest, no proceeding has taken place”, submitted Singhvi..Justice AM Khanwilkar then proceeded to pose a query to Singhvi:.“Your prayer is for a probe into the whole episode. But three of them have already approached High Courts”, said Khanwilkar J..ASG Maninder Singh also intervened and questioned the petitioners’ stance in approaching the Supreme Court:.“What is that aspect which creates doubt in their minds that lower judicial forum won’t hear them. Why have they approached the Supreme Court. Is it that the police is not investigating the case properly or is it that they are not being entertained by courts below?”, Maninder Singh asked..Singhvi responded by stating that the Supreme Court can decide on the maintainability of the petition. Terming the submissions of the ASGs pedantic, Singhvi said,.“This issue of whether to hear me or not can be decided by Your Lordships itself.”.Singhvi then proceeded to make submissions on the events surrounding the Bhima Koregaon violence..He told the court that said Vara Vara Rao who is one of the accused had been earlier booked in 25 cases, but he was acquitted in all of them..“Gonsalves had 18 cases against him. He was acquitted in 17, convicted in one for which appeal is pending. Ferreira was booked in 10 or 11 cases, he was acquitted in all of them. The other two have no cases against them”, Singhvi said..The submissions were marked by interruptions from the respondents..Advocate Prashant Bhushan then told the court that arrests have been made based on cooked-up evidence..“Anyone can cook up anything and show it to Your Lordships”, submitted Bhushan..The Bench remarked that it will “look into the material” to determine whether an SIT probe is required or not..“First of all we must have a look at the material. If we find that the material is cooked up, we will set up SIT”, remarked CJI Misra..CJI Misra also remarked that in every criminal case, the defence of the accused is that evidence is cooked up..“Both sides can place their materials before us. We will examine on Wednesday”, he said..The Court also remarked that it might consider extending the interim protection while leaving the matter to be decided by the High Courts..It eventually proceeded to adjourn the matter for Wednesday this week. It also allotted time for each counsel who is slated to argue on Wednesday..The hearing also witnessed an exchange of words between Senior Advocate Rajeev Dhavan and ASG Tushar Mehta.